governing law
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2021 ◽  
Vol 25 (7) ◽  
pp. 108-121
Author(s):  
Eun-Ok Park
Keyword(s):  

2021 ◽  
Vol 2057 (1) ◽  
pp. 012031
Author(s):  
A E Evgrafova ◽  
E A Kolchanova ◽  
B S Maryshev

Abstract Solute transport in a porous media has not been studied systematically up to present, and there is an uncertainty about the proper governing law for describing the transport process in such media. In this study, we analyze the data of solute transport experiments in a horizontal sand column packed with uniform glass beads. Sodium chloride (NaCl) is chosen to be the tracer. A number of tracer tests are conducted to examine the transport process under different NaCl concentrations. The obtained velocity-time profiles and BTCs indicate different stages of filtering. Based on the results a possible scenario of solute transport under fixed flow rate is proposed.


2021 ◽  
pp. 89-111
Author(s):  
Lucilla Macgregor ◽  
Charlotte Peacey ◽  
Georgina Ridsdale

The role of a student or practitioner in the dispute resolution (or litigation) department is to assist in the procedural and theoretical aspects of a client’s case. These latter aspects can include consideration of matters that can determine where an action proceeds and whether it is capable of proceeding. This chapter deals with issues that may be considered either before seeing a client on a new matter, at the first meeting, or, more commonly, after receiving detailed instructions and reflecting on the overall issues in the case. It considers jurisdiction and governing law; the capacity to sue or be sued; limitation; the legal components of an action; and remedies.


2021 ◽  
Vol II (II) ◽  
pp. 27-49
Author(s):  
Paweł Czubik

The role of foreign powers of attorney in contemporary legal and economic transactions is constantly growing. This is due to the widespread labour migration and, paradoxically, in the last year, also with difficulties in cross-border movement during the COVID-19 pandemic. In judiciary and notarial practice, the assessment of foreign documents, including powers of attorney, is a threestage process. Firstly, the court should pay attention to the probative value of a foreign document. In principle, it is equal to the probative value of a national document (Article 1138 of the Code of Civil Procedure). Only certain categories of documents require consular legalization. It is used when there is no bilateral agreement eliminating or reducing this requirement with the country where the document has been issued. In the case of many countries, legalization was replaced by the apostille clause provided for in the 1965 Hague Convention. Secondly, the court should analyse the formal effectiveness of the legal act, taking into account the principles derived from Article 25 of the 2011 Private International Law Act and, in some cases, bilateral agreements. Last but not least, thirdly, the court should examine the material effectiveness of the act. The governing law of the power of attorney may, pursuant to Article 23 of the Private International Law Act, be subject to the choice of law rule. This text is a guide for courts on how to deal with foreign powers of attorney in land and mortgage registry proceedings.


2021 ◽  
Vol 8 (1) ◽  
pp. 01-10
Author(s):  
Adelina-Oana Dutu

The scope of this article is to identify the law governing the international commercial arbitration by reporting the international and internal regulations. We shall consider the situation of contracting parties selecting the law governing their contract and when the parties have not selected the governing law and decided for arbitration as manner of solving their disputes.


2021 ◽  
pp. 139-174
Author(s):  
Koji Takahashi

This essay proposes a principled approach to determining the governing law of arbitration agreements and jurisdiction agreements. Acknowledging the usefulness of the principle of severability in the sphere of substantive law, the author opposes the extension of the principle to the sphere of choice of law analysis to treat such agreements as a distinct contract severed from the matrix contract. The author, however, accepts that such agreements are, like any other terms in the same matrix contract, subject to the choice of law technique for splitting up terms within a single contract known as dépeçage, while suggesting that the possibility of involuntary dépeçage should be circumscribed. It is noted that splitting up terms within a contract by means of dépeçage is not the same as treating a term as a distinct contract in terms of choice of law methodology. This essay also examines English cases and seeks to reconcile the proposed approach with the text of existing instruments.


2021 ◽  
pp. 27-45
Author(s):  
Piotr Sula ◽  
Małgorzata Madej ◽  
Kamil Błaszczyński

Presidential elections in Poland have always drawn more voters to the ballot box than parliamentary ones. Despite the COVID-19 pandemic, the turnout in the 2020 presidential elections was the second-highest since 1989. The glib answer might be that voters were simply availing themselves of the opportunity to leave the house, however briefly, since COVID-19 measures had largely confined people to their homes for most of the year. More likely, albeit paradoxically, heightened voter interest was triggered by political autocratisation, the other plague that Poles have been struggling with, in this case since 2015. The election was won by the incumbent, Andrzej Duda, whose advantage was credited to his appeal among less-educated and older people living in rural areas. In the end, the governing Law and Justice (PiS) party, which had backed Duda’s campaign, managed to avoid cohabitation-related inconvenience for the second time.


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